Appellate Division: Second Judicial Department

M124562

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-06309 DaimlerChrysler Insurance Co., as subrogee of DSFS Trust, respondent, v Leslie W. Jenneman, appellant. (Index No. 46039-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2010, to extend the time to comply with a decision and order on motion of this Court dated June 7, 2011, which directed the appellant to remove pages 30 through 33 from the copies of the record filed with the Clerk of the Court and replace those pages with a complete copy of the motor vehicle lease annexed to the respondent's underlying motion papers as Exhibit A to the respondent's notice to admit on or before a date certain. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before August 31, 2011, the appellant shall remove pages 30 through 33 from the copies of the record filed with the Clerk of the Court and replace those pages with a complete copy of the motor vehicle lease annexed to the respondent's underlying motion papers as Exhibit A to the respondent's notice to admit; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until September 30, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court